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2025 DAILYLAW 76095 (ALL)

ANIL KUMAR v. STATE OF U.P. AND 3 OTHERS

WRIC/23031/2025 · 2025-08-04

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:132181 Court No. - 33 Case :- WRIT - C No. - 23031 of 2025 Petitioner :- Anil Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Himanshu Srivastava,Madan Lal Srivastava Counsel for Respondent :- C.S.C.,Sachin Mishra Hon'ble Prakash Padia,J. 1. Pursuant to the order passed by this Court on 18.07.2025, Sri Sachin Mishra, learned counsel appearing on behalf of the respondent no.4-U.P. Gramin Bank is placed today before this Court the instructions dated 16.07.2025, is taken on record. 2. It is stated in the aforesaid instructions that as on 15.07.2025, sum of Rs. 3,64,102.30+interest+Charges are due against the petitioner. 3. Recovery notice dated 12.06.2025 issued by the respondent no.3-Tehsildar, Tehsil Bilsi, District Budaun for recovery a sum of Rs. 3,64,102.30 from the petitioner. 4. Petitioner has preferred the present writ petition inter-alia with the prayer to quash the recovery notice dated 12.06.2025 issued by the respondent no.3-Tehsildar, Tehsil Bilsi, District Budaun. 5. By the aforesaid notice, the petitioner was directed to deposit a sum of Rs. 3,64,102.30 along with other expenses. 6. The only prayer made by the counsel for the petitioner to permit the petitioner to deposit the amount with the Respondent-bank in easy installment. 7. Learned counsel for the respondent bank has no objection in case petitioner is ready and willing to make the aforesaid payments in installments. 8. Heard learned counsel for the petitioner and learned counsel appearing on behalf of the respondents No.4-Bank and perused the record. 9. Having regard to the fact that the petitioner has offered to pay the entire amount due against him, in my view, the ends of justice require that the petitioner be granted opportunity to deposit the entire outstanding amount due against him in the following manner :- (i) Petitioner shall deposit Rs.50,000/- (Fifty Thousand) on or before 31.08.2025 with the respondent-Bank. (ii) In case the amount, as indicated above, is deposited by the period prescribed, the respondent-Bank shall provide a fresh statement of account after adjusting the amount already deposited till 15.09.2025. The remaining amount shall thereafter be deposited in four equal quarterly installments started w.e.f. from 31.10.2025. The last installment would be deposited with balance amount and upto date interest. (iii) No recovery charges shall be recovered from the petitioner by the respondent authorities. (iv) Till the period prescribed for depositing the aforesaid amount and thereafter during the period of deposit of installments, the recovery proceedings will be kept in abeyance. In case the petitioner defaults in depositing the initial amount or thereafter installments within the stipulated period, it will be open for the respondents to start recovery proceedings against the petitioner. 10. With the aforesaid observations/directions, the writ petition stands disposed of. No order as to costs. Order Date :- 5.8.2025 T.S. Digitally signed by :- TRIBHUWAN SINGH High Court of Judicature at Allahabad